10.—[F1(1) An individual (“person A”) is to be regarded as a dependant of another individual (“person B”) on a day only if—
(a)paragraph (1A) applies, or
(b)on that day person B is a kinship carer for person A.
(1A) This paragraph applies if—
(a)person B has been awarded—
(i)child tax credit, child benefit or state pension credit for the day in question (or for a period that includes that day), or
(ii)universal credit for—
(aa)the assessment period that includes the day in question, or
(bb)the assessment period that ended immediately before the assessment period mentioned in head (aa) started, and
(b)person A is recognised to be a child or young person for whom person B has responsibility in terms of that award of assistance.]
(2) It is immaterial for the purpose of this regulation that the award of assistance to person B [F2referred to in paragraph (1A)] does not include any amount in respect of person A due to a rule that restricts the number of dependants in respect of whom person B can be given that type of assistance.
[F3(3) In this regulation, “kinship carer” has the meaning given in regulation 9(3).]
Textual Amendments
F1Reg. 10(1)(1A) substituted for reg. 10(1) (21.3.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 (S.S.I. 2019/110), regs. 2, 6(2)
F2Words in reg. 10(2) inserted (21.3.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 (S.S.I. 2019/110), regs. 2, 6(3)